Butynski v. Springfield Terminal Ry. Co., No. 09-1164

In plaintiff's personal injury action under the Federal Employers' Liability Act (FELA), denial of plaintiff's motion for judgment as a matter of law is affirmed as there was sufficient evidence of contributory negligence to support the jury's substantial reduction in damages awarded to the plaintiff.  

Read Butynski v. Springfield Terminal Ry. Co., No. 09-1164

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided January 22, 2010

Judges

Before:  Lynch, Chief Judge, Stahl and  Seyla, Circuit Judges

Opinion by  Seyla, Circuit Judge

Counsel

For Appellant:  Thomas Lesser, Lesser, Newman & Nasser

For Appellee:     Karen M. Thursby, Herlihy, Thursby & Herlihy, LLP